Section 9A
Offence And Punishment
9A. Offence and Punishment:
(1) Commission of any of the following acts shall constitute following offences:
(a) Offence relating to unauthorized entry: If any aircraft enters into Nepal without obtaining permission under this Act or the prevalent law, it shall be deemed
to have committed an offence relating to unauthorized entry.
(b) Offence relating to violation of aerial territory: In case any aircraft flies over the territory of Nepal without obtaining permission under the prevalent law it shall be deemed to have committed an offence relating to violation of aerial territory.
(c) Unlawful seizure or hijacking of an aircraft: In case any person on board an aircraft on flight, unlawfully by force or threat thereof or by displaying any other
type of threat or intimidation, captures or exercises control over that aircraft, he/she shall be deemed to have committed the offence of unlawful seizure or hijacking of the aircraft.
(d) Offence against the safety of air flight: Commission of any of the following acts, shall constitute an offence against the safety of air flight:-
(1) Committing an act of violence against a person on board an aircraft on flight or the likelihood of any danger to be caused to the safety of an aircraft by such an act.
(2) Destroying an aircraft in service or causing damage to such an aircraft by rendering it incapable of flight or probably endangering its safety during flight.
(3) Destroying or damaging an aircraft on ground or the parts or equipments installed in an aircraft or the air navigation facilities or the aid equipments relating to communication-aviation or fire prevention or life saving services and protection equipments or materials or goods related thereof or unlawfully taking out any part
or mechanical parts thereof or interfering with their operation.
(4) Endangering the safety of an aircraft on flight by communicating any information in spite of the knowledge of its being false.
(e) Offence against the safety of Aircraft: If any device or substance is placed or caused to be placed on an aircraft in service or on ground which is likely to destroy that aircraft or to render it incapable of flight or to endanger its safety during flight pursuant to Clause (d), Sub-clause (2), it shall be treated as an offence committed against the safety of the aircraft.
(f) Offence against the safety or aerodrome: If an aerodrome and the communication and navigational aid equipments existing inside or outside an aerodrome area, visual aids, equipments pertaining to weather and climate, machines and equipments relating to fire prevention and life-saving services, other equipments and machines relating to safety and other machines or equipments related directly or indirectly to air navigation, buildings, run-way, taxi-way, apron, hangar etc. or goods related thereof are in any way fully or partially spoiled, destructed, damaged or destroyed, it shall be treated as an offence committed against the safety or an aerodrome.
(g) Offence against the safety of persons concerned with Air Navigation: If any attempts are made to endanger or obstruct air navigation and its safety by coercing any employees involved in air navigations, Government or non-Government employees employed at an aerodrome and any visitor to an aerodrome including air passenger to deviate from their duties by abducting or capturing them through intimidation or threat, with or without arms, or through temptation or adoption of other means, it shall be treated as an offence committed against the safety or persons concerned with air navigation.
(2) Making attempts at the Commission of offences mentioned in Clauses (c), (d), (e), (f) and (g) of Sub-section (1) or being accomplices to the commission or an attempt at such offences shall be also treated as offences under this Section.
(3) Those who commit the following offences mentioned in Sub- section (1), shall be liable to the penalties as mentioned below:
(a) Any person who commits an offence under Clauses (a) and (b) shall be punished with imprisonment for a term ranging from One year to Three years.
(b) Any person who commits an offence under Clauses
(c), (d) and (e) shall be punished with imprisonment for life, and any person who attempts at its commission or is an accomplice of a person committing such offences shall be punished with imprisonment for a term ranging from Fifteen to Twenty years.
(c) Any person who commits an offence under Clause (f) shall be punished with imprisonment for a term ranging from One year to Five years, besides making
him/her liable to pay the amount claimed for the loss.
(d) Any person who commits an offence under Clause (g) shall be punished with imprisonment for a term of Five to Ten years.
(e) Notwithstanding anything contained in the Clauses mentioned above, if as a consequences of any such offence any person on board an aircraft dies or the
aircraft itself is destroyed, the offender shall be punished with imprisonment for life, and an accomplice to such an offence shall be punished with imprisonment for life or for a term of Fifteen to Twenty years, and the assets of such an offender and the accomplice shall be confiscated
(1) Commission of any of the following acts shall constitute following offences:
(a) Offence relating to unauthorized entry: If any aircraft enters into Nepal without obtaining permission under this Act or the prevalent law, it shall be deemed
to have committed an offence relating to unauthorized entry.
(b) Offence relating to violation of aerial territory: In case any aircraft flies over the territory of Nepal without obtaining permission under the prevalent law it shall be deemed to have committed an offence relating to violation of aerial territory.
(c) Unlawful seizure or hijacking of an aircraft: In case any person on board an aircraft on flight, unlawfully by force or threat thereof or by displaying any other
type of threat or intimidation, captures or exercises control over that aircraft, he/she shall be deemed to have committed the offence of unlawful seizure or hijacking of the aircraft.
(d) Offence against the safety of air flight: Commission of any of the following acts, shall constitute an offence against the safety of air flight:-
(1) Committing an act of violence against a person on board an aircraft on flight or the likelihood of any danger to be caused to the safety of an aircraft by such an act.
(2) Destroying an aircraft in service or causing damage to such an aircraft by rendering it incapable of flight or probably endangering its safety during flight.
(3) Destroying or damaging an aircraft on ground or the parts or equipments installed in an aircraft or the air navigation facilities or the aid equipments relating to communication-aviation or fire prevention or life saving services and protection equipments or materials or goods related thereof or unlawfully taking out any part
or mechanical parts thereof or interfering with their operation.
(4) Endangering the safety of an aircraft on flight by communicating any information in spite of the knowledge of its being false.
(e) Offence against the safety of Aircraft: If any device or substance is placed or caused to be placed on an aircraft in service or on ground which is likely to destroy that aircraft or to render it incapable of flight or to endanger its safety during flight pursuant to Clause (d), Sub-clause (2), it shall be treated as an offence committed against the safety of the aircraft.
(f) Offence against the safety or aerodrome: If an aerodrome and the communication and navigational aid equipments existing inside or outside an aerodrome area, visual aids, equipments pertaining to weather and climate, machines and equipments relating to fire prevention and life-saving services, other equipments and machines relating to safety and other machines or equipments related directly or indirectly to air navigation, buildings, run-way, taxi-way, apron, hangar etc. or goods related thereof are in any way fully or partially spoiled, destructed, damaged or destroyed, it shall be treated as an offence committed against the safety or an aerodrome.
(g) Offence against the safety of persons concerned with Air Navigation: If any attempts are made to endanger or obstruct air navigation and its safety by coercing any employees involved in air navigations, Government or non-Government employees employed at an aerodrome and any visitor to an aerodrome including air passenger to deviate from their duties by abducting or capturing them through intimidation or threat, with or without arms, or through temptation or adoption of other means, it shall be treated as an offence committed against the safety or persons concerned with air navigation.
(2) Making attempts at the Commission of offences mentioned in Clauses (c), (d), (e), (f) and (g) of Sub-section (1) or being accomplices to the commission or an attempt at such offences shall be also treated as offences under this Section.
(3) Those who commit the following offences mentioned in Sub- section (1), shall be liable to the penalties as mentioned below:
(a) Any person who commits an offence under Clauses (a) and (b) shall be punished with imprisonment for a term ranging from One year to Three years.
(b) Any person who commits an offence under Clauses
(c), (d) and (e) shall be punished with imprisonment for life, and any person who attempts at its commission or is an accomplice of a person committing such offences shall be punished with imprisonment for a term ranging from Fifteen to Twenty years.
(c) Any person who commits an offence under Clause (f) shall be punished with imprisonment for a term ranging from One year to Five years, besides making
him/her liable to pay the amount claimed for the loss.
(d) Any person who commits an offence under Clause (g) shall be punished with imprisonment for a term of Five to Ten years.
(e) Notwithstanding anything contained in the Clauses mentioned above, if as a consequences of any such offence any person on board an aircraft dies or the
aircraft itself is destroyed, the offender shall be punished with imprisonment for life, and an accomplice to such an offence shall be punished with imprisonment for life or for a term of Fifteen to Twenty years, and the assets of such an offender and the accomplice shall be confiscated